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1. The Defendant amounting to KRW 42,300,000 and to KRW 5.67% per annum from September 6, 2012 to May 14, 2013, as well as to the Plaintiff.
Reasons
1. Facts of recognition;
A. On February 19, 2003, the Defendant entered into a credit guarantee agreement with A as of February 18, 2005 (hereinafter “the first credit guarantee agreement”) whereby the guaranteed amount is KRW 50 million, and the term of guarantee is until February 18, 2005, and issued A a credit guarantee certificate (hereinafter “the first credit guarantee certificate”).
Under the above credit guarantee agreement, the Agricultural Cooperative Federation extended a loan of KRW 50 million to A on February 19, 2003 by setting the expiration date of the credit period as February 18, 2005.
B. On February 18, 2005, the Korea Agricultural Cooperative Federation received a notice from the Defendant to change the terms and conditions of the credit guarantee to the end of February 17, 2006, which changed the coverage amount of KRW 47 million and the term of guarantee to the end of February 17, 2006. Accordingly, the repayment date of KRW 47 million was extended until February 17, 2006.
C. On February 16, 2006, the Defendant entered into a credit guarantee agreement with A with the amount of security deposit of KRW 47 million, the estimated amount of security deposit of which is KRW 90%, 42.3 million, and the term of guarantee until February 16, 2009 (hereinafter “the second credit guarantee agreement”) and issued A a credit guarantee certificate (hereinafter “the second credit guarantee certificate”).
In the front of the second credit guarantee statement, the term "guarantee to collect the first credit guarantee certificate" is stipulated as a special agreement.
The Agricultural Cooperative Federation dealt with A's loans extended on February 16, 2006, but revoked the extension on September 29, 2006, and at the same time, the existing loans were refunded by setting the expiration date of the extension period to February 16, 2009.
On February 12, 2009, the Defendant entered into a credit guarantee agreement with A with regard to the amount of guarantee of KRW 47 million, the estimated amount of guarantee of which is KRW 90%, 42.3 million, and the term of guarantee until February 10, 2012 (hereinafter “third credit guarantee agreement”) and entered into a credit guarantee agreement with A (hereinafter “third credit guarantee agreement”).